Madras High Court
M/S.Integra Software Services Pvt. Ltd vs N.Manjunathan on 18 August, 2016
Author: Pushpa Sathyanarayana
Bench: Pushpa Sathyanarayana
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.08.2016 CORAM THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.S.NO.208 OF 2003 1.M/s.Integra Software Services Pvt. Ltd., Rep. By its Managing Director Mr.S.Sriram 2.S.Sriram .. Plaintiffs Versus 1.N.Manjunathan 2.Alagappan Venkatesh 3.M/s.Poghar Info Services Pvt. Ltd., Rep. By its Managing Director Mr.Alagappan Venkatesh 4.J.Siddharthan 5.S.Mohanraj 6.V.Sudha .. Defendants PRAYER: Plaint filed under Sections 55 and 62 of the Copy Right Act, 1957 and Order IV Rule 4 of Original Side Rules read with Order VII Rule 1 C.P.C for the following judgment and decree: (a) declaring that the plaintiffs are the absolute owner of the copyright and intellectual property rights in the various documents, tools, techniques, software and intellectual properties, as detailed in the schedule attached to this plaint and assignee in respect of various documents and intellectual properties of their customers also detailed in the schedule attached to this plaint, all of which the defendants have unauthorisingly and illegally accessed, removed or copied including the Cast off software, it's templates and source code and documents stored in the Computer Discs in CDs No.1 to 5 (including the Power Point Corporate Presentation) which have been recovered and seized by the Police from the possession of the 1st defendant. (b) granting permanent injunction, restraining the defendants, their employees, servants, agents and persons claiming through or under them from infringing the plaintiffs' copyrights and intellectual property rights, in any manner and in any form by using, selling, offering for sale, alienating, modifying, converting, disclosing, attempting to disclose, distributing, copying, replicating or deriving any benefit or advantage out of any of the confidential information, tools, techniques, software, intellectual properties and copyrighted materials of the plaintiffs and their customers as detailed in the schedule attached to the plaint. (c) granting permanent injunction restraining the defendants their agents, servants, employees and persons claiming through or under them from soliciting or accepting in any manner whatsoever, any business; or offering or providing any services; or claiming or deriving any benefit or advantage from anybody by offering or using or exploiting in any manner any of the tools, techniques, software, intellectual properties and copyrighted materials of the plaintiffs or their customers including the Power Point Corporate Presentation, the Cast Off Software, it's templates and source code and all such materials belonging to the plaintiffs', illegally and unauthorisingly taken away by the defendants and detailed in the schedule attached to the plaint. (d) granting mandatory injunction, directing the defendants to return to the plaintiffs all tools, techniques, software, intellectual properties, confidential information, copyrighted materials etc., of the plaintiffs and their customers as detailed in the schedule attached to the plaint, being unauthorisingly and illegally taken away, copied, transmitted, distributed, stored or in possession of the defendants or anybody connected to them without keeping any copy, duplicate, replica etc., in any form or in any manner. (e) directing the defendants, jointly and severally, to pay the plaintiffs a sum of Rs.50 Lakhs as damages. (f) directing the defendants to render faithful account of all profits gains and monetary benefits made or derived by the defendants by using or modifying, or misusing or disclosing or soliciting business by offering the tools, techniques, software, intellectual properties and copyrighted materials of the plaintiffs and pay all such monies, gains and benefits to the plaintiffs. (g) directing the defendants to pay the cost of the suit to the plaintiffs. For Plaintiffs : Mr.G.Kalyanjabhak for M/s. Surana & Surana For Defendants : No appearance J U D G M E N T
Learned counsel for the plaintiffs seek permission of this Court to withdraw the suit and he has also made an endorsement to that effect. Recording the same, the suit is dismissed as withdrawn. No costs. Consequently, connected applications are closed.
18.08.2016 TK PUSHPA SATHYANARAYANA, J.
TK C.S.NO.208 OF 2003 18.08.2016